HF 2514 (LSB 6342HV (1) 88)

HOUSE FILE 2514

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO HSB 663)

A BILL FOR

An Act concerning the sale and off-premises transportation and consumption of certain containers of wine.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 123.178, subsection 1, Code 2020, is amended to read as follows:
   1.  A person holding a class “B” wine permit may sell wine at retail for consumption off the premises. Wine shall be sold for consumption off the premises in original containers only except as provided in subsection 4.
    Sec. 2.  Section 123.178, Code 2020, is amended by adding the following new subsections:
   NEW SUBSECTION.  4.  Subject to the rules of the division, sales made pursuant to this section may be made in a container other than the original container only if all of the following requirements are met:
   a.  The wine is transferred from the original container to the container to be sold on the licensed premises at the time of sale.
   b.  The person transferring the wine from the original container to the container to be sold shall be eighteen years of age or more.
   c.  The container to be sold shall be no larger than seventy-two ounces.
   d.  The container to be sold shall be securely sealed by a method authorized by the division that is designed so that if the sealed container is reopened or the seal tampered with, it is visibly apparent that the seal on the container of wine has been tampered with or the sealed container has otherwise been reopened. 
   NEW SUBSECTION.  5.  A container of wine other than the original container that is sold and sealed in compliance with the requirements of subsection 4 and the rules of the division shall not be deemed an open container subject to the requirements of sections 321.284 and 321.284A if the sealed container is unopened and the seal has not been tampered with, and the contents of the container have not been partially removed.
    Sec. 3.  Section 123.178A, subsection 1, Code 2020, is amended to read as follows:
   1.  A person holding a class “B” native wine permit may sell native wine only at retail for consumption off the premises. Native wine shall be sold for consumption off the premises in original containers only except as provided in subsection 4.
    Sec. 4.  Section 123.178A, Code 2020, is amended by adding the following new subsections:
   NEW SUBSECTION.  4.  Subject to the rules of the division, sales made pursuant to this section may be made in a container other than the original container only if all of the following requirements are met:
   a.  The wine is transferred from the original container to the container to be sold on the licensed premises at the time of sale.
   b.  The person transferring the wine from the original container to the container to be sold shall be eighteen years of age or more.
   c.  The container to be sold shall be no larger than seventy-two ounces.
   d.  The container to be sold shall be securely sealed by a method authorized by the division that is designed so that if the sealed container is reopened or the seal tampered with, it is visibly apparent that the seal on the container of wine has been tampered with or the sealed container has otherwise been reopened. 
   NEW SUBSECTION.  5.  A container of wine other than the original container that is sold and sealed in compliance with the requirements of subsection 4 and the rules of the division shall not be deemed an open container subject to the requirements of sections 321.284 and 321.284A if the sealed container is unopened and the seal has not been tampered with, and the contents of the container have not been partially removed.
    Sec. 5.  Section 123.178B, subsection 1, Code 2020, is amended to read as follows:
   1.  A person holding a class “C” native wine permit may sell native wine only at retail for consumption on or off the premises.  Sales of wine for consumption off the premises made pursuant to this section shall be made in original containers except as provided in subsection 5.
    Sec. 6.  Section 123.178B, Code 2020, is amended by adding the following new subsections:
   NEW SUBSECTION.  5.  Subject to the rules of the division, sales made pursuant to this section may be made in a container other than the original container only if all of the following requirements are met:
   a.  The wine is transferred from the original container to the container to be sold on the licensed premises at the time of sale.
   b.  The person transferring the wine from the original container to the container to be sold shall be eighteen years of age or more.
   c.  The container to be sold shall be no larger than seventy-two ounces.
   d.  The container to be sold shall be securely sealed by a method authorized by the division that is designed so that if the sealed container is reopened or the seal tampered with, it is visibly apparent that the seal on the container of wine has been tampered with or the sealed container has otherwise been reopened. 
   NEW SUBSECTION.  6.  A container of wine other than the original container that is sold and sealed in compliance with the requirements of subsection 5 and the rules of the division shall not be deemed an open container subject to the requirements of sections 321.284 and 321.284A if the sealed container is unopened and the seal has not been tampered with, and the contents of the container have not been partially removed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill provides that a person holding a class “B” wine permit, class “B” native wine permit, or class “C” native wine permit who is authorized to sell wine for consumption off the licensed premises may sell wine for consumption of the premises in a container other than the original container if certain requirements are met. The bill requires the wine to be transferred from the original container to the container to be sold on the licensed premises, the person transferring the wine shall be 18 years of age or more, the container to be sold shall be no larger than 72 ounces, and the container to be sold shall be securely sealed by a method authorized by the alcoholic beverages division of the department of commerce. The bill also provides that the sealed container of wine is not considered an open container for purposes of those Code sections prohibiting open containers of alcohol in vehicles.